Legal Aspects of Psychiatry

Question 1

How long does an emergency detention certificate last?

Answer 1

Authorises detention for up to 72hrs

Question 2

How long does a short-term detention certificate last?

Answer 2

Authorises detention for up to 28 days

Question 3

How long does a compulsory treatment order last?

Answer 3

Authorises detention for up to 6 months

Question 4

How long does a nurses holding power last?

Answer 4

Authorises detention for up to 3 hours

Question 5

What criteria must be met to assign a certificate under the mental health act?

Answer 5

Mental disorder
Significant Impairment of Decision Making Ability for medical treatment about mental disorder
Significant risk to health, safety or welfare of the person or the safety of any other person
Treatment available
Order necessary

Question 6

What is the main criteria regarding the adults with incapacity act?

Answer 6

The intervention must benefit the adult
Any intervention shall be the least restrictive in relation to the freedom of the adult, consistent with the purpose of the intervention
Account must be taken of the past and present wishes of the adult
Where practicable, account should be taken of
-The views of relatives and carers
-The views of relevant others (guardians, attorneys, etc.)

Question 7

What are the possible powers regarding capacity?

Answer 7

Intervention order- one off power required, application put in to court
Guardianship order- someone else is appointed to make decisions on behalf of adult with incapacity, can be financial, medical or both, usually friend/family but can be social worker
Power of attorney- guardian appointed before loss of capacity

Question 8

What are the possible provisions for mentally disordered offenders facing criminal proceedings?

Answer 8

Criminal responsibility of people with mental disorders
Unfitness for trial
Diminished responsibility
Restricted patients
Forensic sectioning (assessment order, treatment order, compulsion order, restriction order)